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(영문) 서울고등법원 2017.10.18 2017노2431
특정범죄가중처벌등에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of three years and six months, confiscation and collection, and a provisional payment order) is too unreasonable.

2. However, the defendant has no record of his confessions and reflects all his criminal acts, and is punished for the same kind of crime.

In addition, the defendant voluntarily surrenders to commit the crime and assisted the arrest of drug criminals, and approximately 180g out of the sealed phiphones were seized, and have not been distributed during the time.

However, the crime of this case is limited to the import of considerable quantity of phiphonephones and the administration of some of them, and such act of importing phiphones requires appropriate punishment corresponding to the act in that it has great social risks and spread of narcotics.

In full view of such circumstances and the Defendant’s age, sex, environment, family relationship, motive and circumstance of the instant crime, and the scope of sentencing guidelines recommended by the sentencing guidelines, the sentence of the lower court, which sentenced the lower court to the minimum sentence of the applicable sentencing, is too unreasonable after mitigation of statutory punishment, cannot be said to be too unreasonable.

3. The defendant's appeal is dismissed as it is without merit.

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